Respected Learned Members,
An employee in the capacity as Manager works in a factory and is nearing to complete his probation in a month. His performance as assigned to him has been satisfactory. He has undertaken and accomplished many works which were earlier neglected or couldn't get done by his predecessors. The chairman of the company likes him and even invites him for a breakfast together in the hotel during his factory visit. This thing doesn't go well with one senior and old official perhaps for jealousy, insecure feeling and over a petty issue for which that employee is not directly responsible alone, the old senior employee makes a huge noise and puts pressure on the chairman to terminate the manager. The chairman tries to save the new employee but the old employee threatens that if he doesn't terminate him, the old employee would himself step down. The old senior employee has some strong hold in the marketing. Under this circumstances, the chairman relectuntly terminates the manager ABRUPTLY without following the established due procedure such as conducting an enquiry by the Grievance Redressal committee or issuing any memo/letter/ giving an opportunity to the manager to hear his sides and there is no performance evaluation done before initiating the termination.
Although the company has more than 200 employee and workers, there is no committee to handle employee grievance related matters. As per the standing order act, it's mandatory to get certified SO from the factory's department. There is no certified SO. Assume that the concern employee may not come under Industrial Dispute Act, 1947, what is the legal remedy available for the aggrieved employee against such forceful, illegal, arbitrary termination. As per the termination clause in the appointment letter, one month notice during probation and 2 months notice after confirmation is the clause written.
Can the company terminate the employee in such way? What legal remedy and compensation, he can seek for jobless, reputation loss, mental agony for the termination? What's the right of the employee in this case, please share valued insights.
Regards,
From India, Mumbai
An employee in the capacity as Manager works in a factory and is nearing to complete his probation in a month. His performance as assigned to him has been satisfactory. He has undertaken and accomplished many works which were earlier neglected or couldn't get done by his predecessors. The chairman of the company likes him and even invites him for a breakfast together in the hotel during his factory visit. This thing doesn't go well with one senior and old official perhaps for jealousy, insecure feeling and over a petty issue for which that employee is not directly responsible alone, the old senior employee makes a huge noise and puts pressure on the chairman to terminate the manager. The chairman tries to save the new employee but the old employee threatens that if he doesn't terminate him, the old employee would himself step down. The old senior employee has some strong hold in the marketing. Under this circumstances, the chairman relectuntly terminates the manager ABRUPTLY without following the established due procedure such as conducting an enquiry by the Grievance Redressal committee or issuing any memo/letter/ giving an opportunity to the manager to hear his sides and there is no performance evaluation done before initiating the termination.
Although the company has more than 200 employee and workers, there is no committee to handle employee grievance related matters. As per the standing order act, it's mandatory to get certified SO from the factory's department. There is no certified SO. Assume that the concern employee may not come under Industrial Dispute Act, 1947, what is the legal remedy available for the aggrieved employee against such forceful, illegal, arbitrary termination. As per the termination clause in the appointment letter, one month notice during probation and 2 months notice after confirmation is the clause written.
Can the company terminate the employee in such way? What legal remedy and compensation, he can seek for jobless, reputation loss, mental agony for the termination? What's the right of the employee in this case, please share valued insights.
Regards,
From India, Mumbai
If an employee believes they have been terminated unfairly or without following due procedure, they may have certain legal remedies available to them. It's important to consult with a legal professional who specializes in labor and employment law in your jurisdiction to get accurate advice tailored to your specific situation. Here are some potential aspects to consider:
Breach of Contract: If the termination is in violation of the terms outlined in the employment contract, such as not providing the required notice period, the employee may have a case for breach of contract.
Unlawful Termination: If the termination is in violation of applicable labor laws or regulations, it may be considered unlawful termination. In some cases, it might be regarded as "constructive dismissal," where the employee is forced to resign due to unbearable working conditions.
Procedural Fairness: Employers typically need to follow established procedures before terminating an employee. If the termination was abrupt and lacked proper notice, consultation, or an opportunity for the employee to explain their side, it could be challenged on grounds of procedural unfairness.
Grievance Redressal: Even though your company doesn't have a Grievance Redressal Committee in place, it's still important to ensure a fair process for addressing employee concerns and grievances. Not providing an opportunity for the employee to be heard might be considered a violation of their rights.
Defamation or Reputation Damage: If the manner of termination negatively impacts the employee's reputation or employability, they might consider legal action for defamation or damage to reputation.
Mental Agony and Compensation: If the employee suffers mental distress due to an unjust termination, they may seek compensation for the mental agony caused by the termination.
Legal Proceedings: The aggrieved employee may choose to file a legal claim against the company for wrongful termination or breach of contract. They can approach labor courts, employment tribunals, or other relevant authorities depending on the laws of your jurisdiction.
It's important to note that labor laws vary by jurisdiction, and the specific circumstances of the case can influence the legal options available to the employee. If the employee believes they have been unfairly terminated, they should consider consulting an employment lawyer who can provide guidance on the best course of action based on local laws and regulations.
23Breach of Contract: If the termination is in violation of the terms outlined in the employment contract, such as not providing the required notice period, the employee may have a case for breach of contract.
Unlawful Termination: If the termination is in violation of applicable labor laws or regulations, it may be considered unlawful termination. In some cases, it might be regarded as "constructive dismissal," where the employee is forced to resign due to unbearable working conditions.
Procedural Fairness: Employers typically need to follow established procedures before terminating an employee. If the termination was abrupt and lacked proper notice, consultation, or an opportunity for the employee to explain their side, it could be challenged on grounds of procedural unfairness.
Grievance Redressal: Even though your company doesn't have a Grievance Redressal Committee in place, it's still important to ensure a fair process for addressing employee concerns and grievances. Not providing an opportunity for the employee to be heard might be considered a violation of their rights.
Defamation or Reputation Damage: If the manner of termination negatively impacts the employee's reputation or employability, they might consider legal action for defamation or damage to reputation.
Mental Agony and Compensation: If the employee suffers mental distress due to an unjust termination, they may seek compensation for the mental agony caused by the termination.
Legal Proceedings: The aggrieved employee may choose to file a legal claim against the company for wrongful termination or breach of contract. They can approach labor courts, employment tribunals, or other relevant authorities depending on the laws of your jurisdiction.
It's important to note that labor laws vary by jurisdiction, and the specific circumstances of the case can influence the legal options available to the employee. If the employee believes they have been unfairly terminated, they should consider consulting an employment lawyer who can provide guidance on the best course of action based on local laws and regulations.
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